OTTAWA - Lawyers for Maj.-Gen. Dany Fortin and the government argued Tuesday over whether the senior officer's decision to challenge his abrupt removal as head of Canada's COVID-19 vaccine rollout should be dealt with by the military or in court.

The battle erupted on the first day of a two-day hearing in which Fortin's legal team is asking a Federal Court judge to reinstate their client to his former job at the Public Health Agency of Canada, or a similar position.

In her opening arguments, Justice Department lawyer Elizabeth Richards asked Justice Ann Marie McDonald to toss Fortin's case, saying if he was unhappy with his removal, he should have filed a grievance with the military.

“The military grievance process is established exactly for that reason: to deal with any manner of complaints, any issue whatsoever, about the administration of the Canadian Armed Forces,” Richards told the court.

“The applicant hasn't even tried, hasn't even filed a grievance,” she later added.

Fortin's lawyer Thomas Conway in turn argued the grievance process was not the appropriate venue given allegations the decision to remove his client was made by the Liberal government and not acting chief of defence staff Gen. Wayne Eyre.

Those allegations form the basis of Fortin's case for reinstatement, with his legal team arguing Eyre's political masters - including Prime Minister Justin Trudeau - inappropriately interfered in the defence chief's legal authority to manage the military.

“The decision was made outside of the chain of command of the Canadian Armed Forces,” Conway said of Fortin's removal. “The Canadian Armed Forces has no authority to review decisions of ministers of the crown.”

Conway also noted concerns raised about the military grievance system and its failure to deal with complaints in a timely manner, including by retired Supreme Court justice Morris Fish in his recent review of the military justice system.

Richards shot back that such complaints were purely speculative, and that if McDonald allowed Fortin's case to go forward, it would open the door to other Canadian military members also sidestepping the grievance process by taking their complaints to court.

McDonald did not immediately rule on the arguments before court broke for lunch, with the two sides set to begin presenting their arguments for why Fortin should or should not be reinstated when the hearing resumes.

This report by The Canadian Press was first published Sept. 28, 2021.